Related To Story |
Facts Or Fiction: Norton's Negative Radio Ad
GOP Senate Candidate Jane Norton Goes After GOP Opponent In 60 Second Radio Ad
POSTED: 4:46 pm MDT June 29, 2010
UPDATED: 5:38 pm MDT June 29, 2010
DENVER -- Leading up to the November election, 7NEWS and TheDenverChannel.com will check the accuracy of political ads.Do the ads contain facts or fiction?
AD:
Have you ever heard of Ken Buck? Better find out." Ken Buck's a government lawyer running for Senate."
FACT: Since 2004, Ken Buck has served as Weld County district attorney. The term "government lawyer" generally refers to an attorney who represents a section of the government. Buck also served as a prosecutor for the U.S. Department of Justice in Washington, D.C., and as chief of the criminal division of the U.S. Attorney's Office in Colorado.
AD:
"A government lawyer who doesn't follow the rules."
MISLEADING: The rest of this ad refers to a specific case in which Buck, while working in the U.S. Attorney's office, was found to be in "reckless disregard" for disclosing information to the defense.In a three-page reprimand obtained by 7NEWS, it's revealed the case involved the Bureau of Alcohol, Tobacco, Firearms and Explosives, which was investigating an Aurora pawn shop (ABC Pawn) for violations of firearms laws. The Office of Professional Responsibility (OPR) of the Department of Justice, concluded that Buck "engaged in professional misconduct by disclosing confidential information without your client's authorization." While then-U.S. Attorney John Suthers agreed with the OPR and officially reprimanded Buck, Suthers also wrote in the reprimand, "I have chosen not to impose any more serious consequences on the basis of my determination that your conduct was not intentional, my review of mitigating information you have presented and in consideration of your previous records as an (Assistant U.S. Attorney), as Senior Litigation Counsel and as Chief of the Criminal Division. This incident appears to be an aberration in your professional career."
AD:
"As a lawyer in Bill Clinton's administration, Ken Buck was investigated for ethics violations; improperly undermining the prosecution of pawn shop owner Gregory Golyansky."
FACT: In the reprimand document obtained by 7NEWS, Suthers describes the investigation by the OPR. In February 2000, Buck was found to have had a conversation with now-Sen. Shawn Mitchell, R-Broomfield, about possible defense attorneys for his friend Golyansky. The reprimand document states that Buck told Mitchell there was "'some dissension in the (U.S. Attorney's) office about the merits of going forward' with the prosecution and that several (Assistant U.S. Attorneys) had told you that they had recommended against pursuing the case."The reprimand also states that after meeting with assistant U.S. Attorney Stephanie Villafuerte about the pawn shop case, Villafuerte told Buck, "she had reservations about prosecuting the case and mentioned that she had written a memorandum addressing purported weaknesses in the government's case."According to the reprimand, Buck had other conversations, including one with defense attorney Steve Peters, in which he told him "the Golyanskys needed an experienced defense attorney 'because in [your] experience investigations like ABC Pawn can often be resolved before indictment.'"The reprimand also states that Buck told Peters, "about half of the (Assistant U.S. Attorneys) were opposed or had declined the case." The document also shows that Buck told Peters that "half of the (Assistant U.S. Attorneys) would be about 15 (Assistant U.S. Attorneys)" and that Buck told Peters "Villafuerte had 'written a memo because she felt so strongly.'" The reprimand states that Buck confirmed this information in conversations with the attorney for Golyansky's brother, Leonid, who was also indicted for violations of firearms laws.In May 2000, the attorney for Leonid Golyansky filed a motion to continue the trial, noting that "as many as 15 federal prosecutors had reviewed the evidence in this matter and each have [sic] declined prosecution.'" In July 2000, the attorney filed a motion seeking "any documents which comment on the prospective merit of this prosecution," while another attorney left a message for Villafuerte asking to "confirm the existence of the memorandum that she had prepared regarding the case."
AD:
"Buck's unethical conduct earned him a reprimand from U.S. attorney John Suthers. In official documents, Suthers said Buck had shown a 'reckless disregard for his obligations as a prosecutor.'"
FACT: Suthers concurred with the findings of the Office for Professional Responsibility and found that Buck acted in "reckless disregard." The OPR found that Buck's "disclosure of information concerning the ABC Pawn case … engaged in professional misconduct by disclosing confidential information without your client's authorization, thus acting in reckless disregard of you [sic] obligation under Rule 1.6 of the Colorado Rules of Professional Responsibility."According to the reprimand, "Rule 1.6 (a)" states: "provides that '[a] lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are implicitly authorized to carry out the representation' to prevent a crime, or in the context of a controversy with the client."
AD:
"Suthers made Ken Buck take ethics classes…"
FACT: Buck's campaign confirmed to 7NEWS that Buck did take an eight hour, one-day ethics class.
AD:
"…and Buck left office under a cloud."
FICTION: This is an opinion.
AD:
"You can read all about Ken Buck's scandal in the Denver Post."
FACT: On June 24, the Denver Post wrote an article about the information contained in the reprimand and other personnel documents provided by the Buck campaign. Denver Post article
AD:
"Now, Ken Buck is running for Senate. Washington is already full of politicians who need ethics courses. Ken Buck, he'd fit right in."
FICTION: While it's fact that Buck is running for Senate, the comment that politicians in Washington need ethics courses is opinion.
AD:
"I'm Jane Norton, running for Senate. I approve this message. Paid for by Jane Norton for Colorado."
FACT: Jane Norton's campaign put out this political ad.
Previous Story:
- June 24, 2010: 'Slimed' Bennet Ad: Facts Or Fiction?
Copyright 2010 by TheDenverChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The following are comments from our users. Opinions expressed are neither created nor endorsed by TheDenverChannel.com. By posting a comment you agree to accept our Terms of Use. Comments are moderated by the community. To report an offensive or otherwise inappropriate comment, click the "Flag" link that appears beneath that comment. Comments that are flagged by a set number of users will be automatically removed.




